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(영문) 대구지방법원 2013.09.05 2013노1293
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The Defendant had been punished several times due to an unlicensed driving and a traffic-related crime, and again committed the instant crime during the period of suspension of execution.

However, the crime of this case is committed in driving without a license, and the defendant is divided into the errors of the crime of this case, and the vehicle of this case is scrapped and not re-offending.

In addition, in full view of the criminal defendant's family relationship, economic form, age, character and conduct, environment, etc., all the sentencing conditions as shown in the records and arguments, it cannot be deemed unfair because the sentence imposed by the court below is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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